Neighbour cut tree down wothout asking

Re: Neighbour cut tree down wothout asking

Postby Collaborate » Wed Jul 01, 2015 11:43 am

We were comparing tying a trespasser to a post to prevent future trespass with the act of chopping a tree back to the stump to prevent or significantly delay future nuisance, as in OP's scenario. If someone enters my land and chops down a tree, or reduces it to a stump, that's criminal damage.
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Re: Neighbour cut tree down wothout asking

Postby MacadamB53 » Wed Jul 01, 2015 12:05 pm

Collaborate wrote:We were comparing tying a trespasser to a post to prevent future trespass with the act of chopping a tree back to the stump to prevent or significantly delay future nuisance, as in OP's scenario. If someone enters my land and chops down a tree, or reduces it to a stump, that's criminal damage.
ah, gotcha - thanks for elaborating on what you meant.
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Re: Neighbour cut tree down wothout asking

Postby arborlad » Wed Jul 01, 2015 12:12 pm

nothingtodowithme wrote:Yes that is correct, I agree.


nothingtodowithme wrote:Back on topic.


:lol: :roll:
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Re: Neighbour cut tree down wothout asking

Postby mr sheen » Wed Jul 01, 2015 1:02 pm

arborlad wrote:
mr sheen wrote:The OP has the option of keeping the offending vegetation within their own boundary or no doubt the neighbour will hack it back again when it grows back over his boundary.'



Mr sheen, the next time you go for a walk or a drive, try and visualise according to this dictat.


Not a dictat...an 'option' for those who then whinge when their neighbours cut it back.
I am merely setting out for the OP the position. unlike some, I'm not trying to impose my own personal preferences about how neighbours 'should' behave in relation to plants, but just objectively setting out what the rules are and if you don't like the rules you can ensure that you don't fall foul of them by avoiding creating the situation in the first place.
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Re: Neighbour cut tree down wothout asking

Postby mr sheen » Wed Jul 01, 2015 1:06 pm

Collaborate wrote:
mr sheen wrote:You could do that to the trespasser if you wanted to but the consequences would be different and you would be arrested as we enter the realms of criminal law, and this probably stops you from doing it; whereas with the tree the only consequences are likely to be civil.


Nope. It's still criminal damage.


I think you'll find I talked of consequences....try getting your Police force to deal with the over enthusiastic abatement of nuisance of encroaching vegetation....I think you'll find they tell you very politely that they have proper work to do....maybe dealing with too many tied up trespassers????
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Re: Neighbour cut tree down wothout asking

Postby arborlad » Wed Jul 01, 2015 2:25 pm

mr sheen wrote:
arborlad wrote:
mr sheen wrote:The OP has the option of keeping the offending vegetation within their own boundary or no doubt the neighbour will hack it back again when it grows back over his boundary.'



Mr sheen, the next time you go for a walk or a drive, try and visualise according to this dictat.


Not a dictat...an 'option'



..............then try the same exercise using your preferred option.


Not a dictat...an 'option' for those who then whinge when their neighbours cut it back.



The main thrust of the OPs whinge seems to be the excessive nature of the cutting back.
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Re: Neighbour cut tree down wothout asking

Postby mr sheen » Wed Jul 01, 2015 2:48 pm

Whinge away! Not much else they can do about it.
Neighbour probably had a whinge about OP creating or allowing nuisance in first place....he is no longer whingeing!
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